2009 California Penal Code - Section 3000-3007 :: Article 1. General Provisions

PENAL CODE
SECTION 3000-3007

3000.  (a) (1) The Legislature finds and declares that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship. It is in the interest of public safety for the state to
provide for the effective supervision of and surveillance of
parolees, including the judicious use of revocation actions, and to
provide educational, vocational, family and personal counseling
necessary to assist parolees in the transition between imprisonment
and discharge. A sentence pursuant to Section 1168 or 1170 shall
include a period of parole, unless waived, or as otherwise provided
in this article.
   (2) The Legislature finds and declares that it is not the intent
of this section to diminish resources allocated to the Department of
Corrections and Rehabilitation for parole functions for which the
department is responsible. It is also not the intent of this section
to diminish the resources allocated to the Board of Parole Hearings
to execute its duties with respect to parole functions for which the
board is responsible.
   (3) The Legislature finds and declares that diligent effort must
be made to ensure that parolees are held accountable for their
criminal behavior, including, but not limited to, the satisfaction of
restitution fines and orders.
   (4) The parole period of any person found to be a sexually violent
predator shall be tolled until that person is found to no longer be
a sexually violent predator, at which time the period of parole, or
any remaining portion thereof, shall begin to run.
   (b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall
apply:
   (1) At the expiration of a term of imprisonment of one year and
one day, or a term of imprisonment imposed pursuant to Section 1170
or at the expiration of a term reduced pursuant to Section 2931 or
2933, if applicable, the inmate shall be released on parole for a
period not exceeding three years, except that any inmate sentenced
for an offense specified in paragraph (3), (4), (5), (6), (11), (16),
or (18) of subdivision (c) of Section 667.5 shall be released on
parole for a period not exceeding five years, unless in either case
the parole authority for good cause waives parole and discharges the
inmate from the custody of the department.
   (2) In the case of any inmate sentenced under Section 1168, the
period of parole shall not exceed five years in the case of an inmate
imprisoned for any offense other than first or second degree murder
for which the inmate has received a life sentence, and shall not
exceed three years in the case of any other inmate, unless in either
case the parole authority for good cause waives parole and discharges
the inmate from custody of the department. This subdivision shall
also be applicable to inmates who committed crimes prior to July 1,
1977, to the extent specified in Section 1170.2.
   (3) Notwithstanding paragraphs (1) and (2), in the case of any
offense for which the inmate has received a life sentence pursuant to
Section 667.61 or 667.71, the period of parole shall be 10 years.
   (4) The parole authority shall consider the request of any inmate
regarding the length of his or her parole and the conditions thereof.
   (5) Upon successful completion of parole, or at the end of the
maximum statutory period of parole specified for the inmate under
paragraph (1), (2), or (3), as the case may be, whichever is earlier,
the inmate shall be discharged from custody. The date of the maximum
statutory period of parole under this subdivision and paragraphs
(1), (2), and (3) shall be computed from the date of initial parole
and shall be a period chronologically determined. Time during which
parole is suspended because the prisoner has absconded or has been
returned to custody as a parole violator shall not be credited toward
any period of parole unless the prisoner is found not guilty of the
parole violation. However, the period of parole is subject to the
following:
   (A) Except as provided in Section 3064, in no case may a prisoner
subject to three years on parole be retained under parole supervision
or in custody for a period longer than four years from the date of
his or her initial parole.
   (B) Except as provided in Section 3064, in no case may a prisoner
subject to five years on parole be retained under parole supervision
or in custody for a period longer than seven years from the date of
his or her initial parole.
   (C) Except as provided in Section 3064, in no case may a prisoner
subject to 10 years on parole be retained under parole supervision or
in custody for a period longer than 15 years from the date of his or
her initial parole.
   (6) The Department of Corrections and Rehabilitation shall meet
with each inmate at least 30 days prior to his or her good time
release date and shall provide, under guidelines specified by the
parole authority, the conditions of parole and the length of parole
up to the maximum period of time provided by law. The inmate has the
right to reconsideration of the length of parole and conditions
thereof by the parole authority. The Department of Corrections and
Rehabilitation or the Board of Parole Hearings may impose as a
condition of parole that a prisoner make payments on the prisoner's
outstanding restitution fines or orders imposed pursuant to
subdivision (a) or (c) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, or subdivision (b) or (f) of
Section 1202.4.
   (7) For purposes of this chapter, the Board of Parole Hearings
shall be considered the parole authority.
   (8) The sole authority to issue warrants for the return to actual
custody of any state prisoner released on parole rests with the Board
of Parole Hearings, except for any escaped state prisoner or any
state prisoner released prior to his or her scheduled release date
who should be returned to custody, and Section 3060 shall apply.
   (9) It is the intent of the Legislature that efforts be made with
respect to persons who are subject to Section 290.011 who are on
parole to engage them in treatment.

3000.03.  Notwithstanding any other provision of law, the Department
of Corrections and Rehabilitation shall not return to prison, place
a parole hold on pursuant to Section 3056, or report any parole
violation to the Board of Parole Hearings regarding any person to
whom all of the following criteria apply:
   (a) The person is not required to register as a sex offender
pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of
Part 1.
   (b) The person was not committed to prison for a serious felony as
defined in Sections 1192.7 and 1192.8, or a violent felony, as
defined in Section 667.5, and does not have a prior conviction for a
serious felony, as defined in Section 1192.7 and 1192.8, or a violent
felony, as defined in Section 667.5.
   (c) The person was not committed to prison for a sexually violent
offense as defined in subdivision (b) of Section 6600 of the Welfare
and Institutions Code and does not have a prior conviction for a
sexually violent offense as defined in subdivision (b) of Section
6600 of the Welfare and Institutions Code.
   (d) The person was not found guilty of a serious disciplinary
offense, as defined in regulation by the department, during his or
her current term of imprisonment.
   (e) The person is not a validated prison gang member or associate,
as defined in regulation by the department.
   (f) The person did not refuse to sign any written notification of
parole requirements or conditions, including, but not limited to, the
written notification of requirements pursuant to Section 3067.
   (g) The person was evaluated by the department using a validated
risk assessment tool and was not determined to pose a high risk to
reoffend.

3000.05.  (a) The Department of Corrections may contract with a
private debt collection agency or with the Franchise Tax Board,
whichever is more cost-effective, to make collections, on behalf of a
victim, from parolees who have failed to make restitution payments
according to the terms and conditions specified by the department.
   (b) If a debt is referred to a private collection agency or to the
Franchise Tax Board pursuant to this section, the parolee shall be
given notice of that fact, either by the department in writing to his
or her address of record, or by his or her parole officer.

3000.07.  (a) Every inmate who has been convicted for any felony
violation of a "registerable sex offense" described in subdivision
(c) of Section 290 or any attempt to commit any of the
above-mentioned offenses and who is committed to prison and released
on parole pursuant to Section 3000 or 3000.1 shall be monitored by a
global positioning system for the term of his or her parole, or for
the duration or any remaining part thereof, whichever period of time
is less.
   (b) Any inmate released on parole pursuant to this section shall
be required to pay for the costs associated with the monitoring by a
global positioning system. However, the Department of Corrections and
Rehabilitation shall waive any or all of that payment upon a finding
of an inability to pay. The department shall consider any remaining
amounts the inmate has been ordered to pay in fines, assessments and
restitution fines, fees, and orders, and shall give priority to the
payment of those items before requiring that the inmate pay for the
global positioning monitoring. No inmate shall be denied parole on
the basis of his or her inability to pay for those monitoring costs.

3000.1.  (a) In the case of any inmate sentenced under Section 1168
for any offense of first or second degree murder with a maximum term
of life imprisonment, the period of parole, if parole is granted,
shall be the remainder of the inmate's life.
   (b) Notwithstanding any other provision of law, when any person
referred to in subdivision (a) has been released on parole from the
state prison, and has been on parole continuously for seven years in
the case of any person imprisoned for first degree murder, and five
years in the case of any person imprisoned for second degree murder,
since release from confinement, the board shall, within 30 days,
discharge that person from parole, unless the board, for good cause,
determines that the person will be retained on parole. The board
shall make a written record of its determination and transmit a copy
of it to the parolee.
   (c) In the event of a retention on parole, the parolee shall be
entitled to a review by the board each year thereafter.
   (d) There shall be a hearing as provided in Sections 3041.5 and
304l.7 within 12 months of the date of any revocation of parole to
consider the release of the inmate on parole, and notwithstanding the
provisions of paragraph (2) of subdivision (b) of Section 3041.5,
there shall be annual parole consideration hearings thereafter,
unless the person is released or otherwise ineligible for parole
release. The panel or board shall release the person within one year
of the date of the revocation unless it determines that the
circumstances and gravity of the parole violation are such that
consideration of the public safety requires a more lengthy period of
incarceration or unless there is a new prison commitment following a
conviction.
   (e)  The provisions of Section 3042 shall not apply to any hearing
held pursuant to this section.

3001.  (a) Notwithstanding any other provision of law, when any
person referred to in paragraph (1) of subdivision (b) of Section
3000 who was not imprisoned for committing a violent felony, as
defined in subdivision (c) of Section 667.5, has been released on
parole from the state prison, and has been on parole continuously for
one year since release from confinement, within 30 days, that person
shall be discharged from parole, unless the Department of
Corrections recommends to the Board of Prison Terms that the person
be retained on parole and the board, for good cause, determines that
the person will be retained. Notwithstanding any other provision of
law, when any person referred to in paragraph (1) of subdivision (b)
of Section 3000 who was imprisoned for committing a violent felony,
as defined in subdivision (c) of Section 667.5, has been released on
parole from the state prison for a period not exceeding three years
and has been on parole continuously for two years since release from
confinement, or has been released on parole from the state prison for
a period not exceeding five years and has been on parole
continuously for three years since release from confinement, the
department shall discharge, within 30 days, that person from parole,
unless the department recommends to the board that the person be
retained on parole and the board, for good cause, determines that the
person will be retained. The board shall make a written record of
its determination and the department shall transmit a copy thereof to
the parolee.
   (b) Notwithstanding any other provision of law, when any person
referred to in paragraph (2) of subdivision (b) of Section 3000 has
been released on parole from the state prison, and has been on parole
continuously for three years since release from confinement, the
board shall discharge, within 30 days, the person from parole, unless
the board, for good cause, determines that the person will be
retained on parole. The board shall make a written record of its
determination and the department shall transmit a copy thereof to the
parolee.
   (c) Notwithstanding any other provision of law, when any person
referred to in paragraph (3) of subdivision (b) of Section 3000 has
been released on parole from the state prison, and has been on parole
continuously for six years since release from confinement, the board
shall discharge, within 30 days, the person from parole, unless the
board, for good cause, determines that the person will be retained on
parole. The board shall make a written record of its determination
and the department shall transmit a copy thereof to the parolee.
   (d) In the event of a retention on parole, the parolee shall be
entitled to a review by the parole authority each year thereafter
until the maximum statutory period of parole has expired.
   (e) The amendments to this section made during the 1987-88 Regular
Session of the Legislature shall only be applied prospectively and
shall not extend the parole period for any person whose eligibility
for discharge from parole was fixed as of the effective date of those
amendments.

3002.  In considering the imposition of conditions of parole upon a
prisoner convicted of violating any section of this code in which a
minor is a victim of an act of abuse or neglect, the Department of
Corrections shall provide for a psychological evaluation to be
performed on the prisoner to determine the extent of counseling which
may be mandated as a condition of parole. Such examination may be
performed by psychiatrists, psychologists, or licensed clinical
social workers.

3003.  (a) Except as otherwise provided in this section, an inmate
who is released on parole shall be returned to the county that was
the last legal residence of the inmate prior to his or her
incarceration. For purposes of this subdivision, "last legal
residence" shall not be construed to mean the county wherein the
inmate committed an offense while confined in a state prison or local
jail facility or while confined for treatment in a state hospital.
   (b) Notwithstanding subdivision (a), an inmate may be returned to
another county if that would be in the best interests of the public.
If the Board of Parole Hearings setting the conditions of parole for
inmates sentenced pursuant to subdivision (b) of Section 1168, as
determined by the parole consideration panel, or the Department of
Corrections and Rehabilitation setting the conditions of parole for
inmates sentenced pursuant to Section 1170, decides on a return to
another county, it shall place its reasons in writing in the parolee'
s permanent record and include these reasons in the notice to the
sheriff or chief of police pursuant to Section 3058.6. In making its
decision, the paroling authority shall consider, among others, the
following factors, giving the greatest weight to the protection of
the victim and the safety of the community:
   (1) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person.
   (2) Public concern that would reduce the chance that the inmate's
parole would be successfully completed.
   (3) The verified existence of a work offer, or an educational or
vocational training program.
   (4) The existence of family in another county with whom the inmate
has maintained strong ties and whose support would increase the
chance that the inmate's parole would be successfully completed.
   (5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.
   (c) The Department of Corrections and Rehabilitation, in
determining an out-of-county commitment, shall give priority to the
safety of the community and any witnesses and victims.
   (d) In making its decision about an inmate who participated in a
joint venture program pursuant to Article 1.5 (commencing with
Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where the
joint venture program employer is located if that employer states to
the paroling authority that he or she intends to employ the inmate
upon release.
   (e) (1) The following information, if available, shall be released
by the Department of Corrections and Rehabilitation to local law
enforcement agencies regarding a paroled inmate who is released in
their jurisdictions:
   (A) Last, first, and middle name.
   (B) Birth date.
   (C) Sex, race, height, weight, and hair and eye color.
   (D) Date of parole and discharge.
   (E) Registration status, if the inmate is required to register as
a result of a controlled substance, sex, or arson offense.
   (F) California Criminal Information Number, FBI number, social
security number, and driver's license number.
   (G) County of commitment.
   (H) A description of scars, marks, and tattoos on the inmate.
   (I) Offense or offenses for which the inmate was convicted that
resulted in parole in this instance.
   (J) Address, including all of the following information:
   (i) Street name and number. Post office box numbers are not
acceptable for purposes of this subparagraph.
   (ii) City and ZIP Code.
   (iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.
   (K) Contact officer and unit, including all of the following
information:
   (i) Name and telephone number of each contact officer.
   (ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.
   (L) A digitized image of the photograph and at least a single
digit fingerprint of the parolee.
   (M) A geographic coordinate for the parolee's residence location
for use with a Geographical Information System (GIS) or comparable
computer program.
   (2) The information required by this subdivision shall come from
the statewide parolee database. The information obtained from each
source shall be based on the same timeframe.
   (3) All of the information required by this subdivision shall be
provided utilizing a computer-to-computer transfer in a format usable
by a desktop computer system. The transfer of this information shall
be continually available to local law enforcement agencies upon
request.
   (4) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.
   (f) Notwithstanding any other provision of law, an inmate who is
released on parole shall not be returned to a location within 35
miles of the actual residence of a victim of, or a witness to, a
violent felony as defined in paragraphs (1) to (7), inclusive, and
paragraph (16) of subdivision (c) of Section 667.5 or a felony in
which the defendant inflicts great bodily injury on any person other
than an accomplice that has been charged and proved as provided for
in Section 12022.53, 12022.7, or 12022.9, if the victim or witness
has requested additional distance in the placement of the inmate on
parole, and if the Board of Parole Hearings or the Department of
Corrections and Rehabilitation finds that there is a need to protect
the life, safety, or well-being of a victim or witness.
   (g) Notwithstanding any other law, an inmate who is released on
parole for a violation of Section 288 or 288.5 whom the Department of
Corrections and Rehabilitation determines poses a high risk to the
public shall not be placed or reside, for the duration of his or her
parole, within one-half mile of any public or private school
including any or all of kindergarten and grades 1 to 12, inclusive.
   (h) Notwithstanding any other law, an inmate who is released on
parole for an offense involving stalking shall not be returned to a
location within 35 miles of the victim's actual residence or place of
employment if the victim or witness has requested additional
distance in the placement of the inmate on parole, and if the Board
of Parole Hearings or the Department of Corrections and
Rehabilitation finds that there is a need to protect the life,
safety, or well-being of the victim.
   (i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out-of-county
commitments from a county compared to the number of commitments from
that county when making parole decisions.
   (j) An inmate may be paroled to another state pursuant to any
other law.
   (k) (1) Except as provided in paragraph (2), the Department of
Corrections and Rehabilitation shall be the agency primarily
responsible for, and shall have control over, the program, resources,
and staff implementing the Law Enforcement Automated Data System
(LEADS) in conformance with subdivision (e).
   (2) Notwithstanding paragraph (1), the Department of Justice shall
be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.

3003.5.  (a) Notwithstanding any other provision of law, when a
person is released on parole after having served a term of
imprisonment in state prison for any offense for which registration
is required pursuant to Section 290, that person may not, during the
period of parole, reside in any single family dwelling with any other
person also required to register pursuant to Section 290, unless
those persons are legally related by blood, marriage, or adoption.
For purposes of this section, "single family dwelling" shall not
include a residential facility which serves six or fewer persons.
   (b) Notwithstanding any other provision of law, it is unlawful for
any person for whom registration is required pursuant to Section 290
to reside within 2000 feet of any public or private school, or park
where children regularly gather.
   (c) Nothing in this section shall prohibit municipal jurisdictions
from enacting local ordinances that further restrict the residency
of any person for whom registration is required pursuant to Section
290.

3004.  (a) Notwithstanding any other law, the parole authority may
require, as a condition of release on parole or reinstatement on
parole, or as an intermediate sanction in lieu of return to prison,
that an inmate or parolee agree in writing to the use of electronic
monitoring or supervising devices for the purpose of helping to
verify his or her compliance with all other conditions of parole. The
devices shall not be used to eavesdrop or record any conversation,
except a conversation between the parolee and the agent supervising
the parolee which is to be used solely for the purposes of voice
identification.
   (b) Every inmate who has been convicted for any felony violation
of a "registerable sex offense" described in subdivision (c) of
Section 290 or any attempt to commit any of the above-mentioned
offenses and who is committed to prison and released on parole
pursuant to Section 3000 or 3000.1 shall be monitored by a global
positioning system for life.
   (c) Any inmate released on parole pursuant to this section shall
be required to pay for the costs associated with the monitoring by a
global positioning system. However, the Department of Corrections and
Rehabilitation shall waive any or all of that payment upon a finding
of an inability to pay. The department shall consider any remaining
amounts the inmate has been ordered to pay in fines, assessments and
restitution fines, fees, and orders, and shall give priority to the
payment of those items before requiring that the inmate pay for the
global positioning monitoring.

3006.  (a) The Department of Corrections may require parolees
participating in relapse prevention treatment programs or receiving
medication treatments intended to prevent them from committing sex
offenses to pay some or all of the costs associated with this
treatment, subject to the person's ability to pay.
   (b) For the purposes of this section, "ability to pay" means the
overall capability of the person to reimburse the costs, or a portion
of the costs, of providing sex offender treatment, and shall
include, but shall not be limited to, consideration of all of the
following factors:
   (1) Present financial position.
   (2) Reasonably discernible future financial position.
   (3) Likelihood that the person shall be able to obtain employment
after the date of parole.
   (4) Any other factor or factors which may bear upon the person's
financial capability to reimburse the department for the costs.

3007.  The Department of Corrections and Rehabilitation shall
require a research component for any sex offender treatment contract
funded by the department. The research component shall enable the
department's research unit or an independent contractor to evaluate
the effectiveness of each contract on reducing the rate of recidivism
of the participants in the program funded by a contract. The
research findings shall be compiled annually in a report due to the
Legislature January 10 of each year.


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